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23.—(1) A scheme prepared by a successor council under section 15 of the 2004 Act (as modified as mentioned in regulation 22), may specify that, until the reorganisation date, local development documents are to be prepared and adopted in accordance with Part 6 of the 2004 Regulations.
(2) Until the reorganisation date, Part 2 of the 2004 Act shall have effect, in relation to a scheme referred to in paragraph (1) that includes such a specification as is mentioned in that paragraph—
(a)as if section 18 and subsections (2) to (4) of section 23 were omitted; and
(b)as if it required local development documents to be prepared and adopted in accordance with Part 6 of the 2004 Regulations.
(3) Section 20 of the 2004 Act (independent examination) shall not apply as regards a statement of community involvement prepared by a successor council before the reorganisation date where that statement is to have effect as a local development document relating to the whole of the area of the relevant single tier council.
(4) In paragraph (3), “relevant single tier council”, in relation to a successor council, means the single tier council which succeeds the successor council on the reorganisation date.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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